Appeal Court agrees that former GPF Superintendent’s dismissal was unlawful

Apr 07, 2018 News

Former Superintendent Simon McBean

A former senior police officer is elated after the Appeal Court ruled yesterday that his dismissal from the Guyana Police Force (GPF) was unlawful.
Simon McBean, a former Superintendent, took legal action against a decision by former Acting Chief Justice Ian Chang to dismiss a civil suit brought against the Police Service Commission (PSC) and the Attorney General over the dismissal.
The Appeal Court ruling paves the way for McBean to be awarded damages and superannuation benefits which are still to be determined by the court.
Representing McBean were Attorneys Patrice Henry and R. Satram who argued that the dismissal letter was a nullity since the appellant had no hearing despite expressed legislation that outlines the proceedings to be used under the Police Disciplinarily Act, Chapter 17:01.
Representing the PSC and the Attorney General’s Chambers was state Attorney Judy Stewart-Adonis who argued that the genesis of McBean’s case is that he would have been a beneficiary of a scholarship in London.
Adonis further argued that when McBean left the jurisdiction he had effectively terminated his employment. However, the court unanimously agreed that it was undisputed that he had no hearing and even if he had intended to terminate his employment, it was not consistent with his conduct which showed that he had returned to Guyana and resumed duties with the GPF.
The court held that even if that was his thinking, the respondent would have affirmed or waived the repudiation of his contract of employment.
In the end, it was unanimously agreed by the court that McBean’s dismissal was unlawful.
The court then allowed the appeal and remitted the matter back to the High Court for assessment as to the quantum of damages and superannuation benefits.
The Appeals Court was constituted by Senior Counsel Rafiq Khan and Arif Bulkan and Justice Rishi Persaud.
In 2009, McBean received a letter of dismissal from the secretary of the Police Service Commission.
The letter stated that McBean was dismissed with effect from December 25, 2007, for what the PSC described as his unauthorised participation in a Master’s Degree course in Global Security and Policing at the University of Leicester in the United Kingdom.
It further stated that he breached proceedings and regulations but did not stipulate what proceedings and regulations were breached.
McBean had applied to the Guyana Police Force Administration for study leave but got no response. He then applied for no-pay leave and also got no response. McBean then applied for annual leave, which was in excess of 100 days and was granted same.
McBean used his annual leave to travel to England; during his time there, he got ill and submitted sick leave and was unable to return to Guyana at the end of his annual leave. He was able to complete his Master’s Degree.
Prior to his dismissal, McBean served 17 years in the Guyana Police Force.

Discover more from Kaieteur News

Subscribe to get the latest posts sent to your email.

Latest News